Israel

Israel’s start-up scene continues to prosper and the country’s cybersecurity space has recently been a hive of activity, second only to the United States in terms of investment; the country is now home to one-quarter of the world’s venture capital-funded cybersecurity start-ups. The automotive sector is also lively, with new connected-car companies springing up all the time. Practitioners enthuse over the filing and prosecution work this is generating for them and predict that both the cybersecurity and automotive markets will continue to grow in the coming years. On the contentious side, the courts remain filled to capacity with life sciences disputes between global heavyweights.

Adin-Liss has a striking track record when it comes to pharmaceutical patent litigation – an area in which it has long specialised – and works tirelessly to be the best at it. Clients receive premium support that ticks all the right boxes. Lately, the firm has been assisting Teva on an opposition it filed against an application from AstraZeneca, as well as supporting Mapi Pharma and Rafa Laboratories on significant matters. Servicing each of these clients together, Dan Adin and Eran Liss represent the beating heart of the practice. They co-authored the comprehensive and widely read Intellectual Property Law and Practice in Israel and exchange insights all the time. Adin has been putting in compelling courtroom performances since 1998, while Eran brings valuable in-house experience to the table, having worked for an international internet company. “They always do an excellent job of handling patent oppositions together.” Thanks to the firm’s recently formalised partnership with the prosecution house Pyernik Patent Attorneys, cradle-to-grave support is available for those who need it. With Adin-Liss representing mainly foreign clients and Pyernik Patent Attorneys focusing on the local market, the formalisation of the partnership provides for business synergy.

Dr Shlomo Cohen & Co

Dr Shlomo Cohen & Co has a longstanding reputation for excellence in all aspects of patent protection, from prosecution to litigation. The firm has a particular focus on the pharmaceutical and healthcare sectors – it is trusted by Bristol Myers-Squibb, Abbott, Pfizer, Celgene and H Lundbeck – but also dazzles in telecommunications and electronics, where it counts Apple as a client. Having served as president of the Israel Bar Association and taught in universities across the world, Shlomo Cohen is unquestionably the lynchpin of the team. “He’s a brilliant litigator – one of the doyens of the profession in Tel Aviv.” However, when it comes to filing Gail Volman is the one to seek out. “She is a fantastic prosecutor – very knowledgeable on Israeli patent law and most pleasant to work with on both a professional and personal level.”

Comprising renowned prosecution outfit Ehrlich & Fenster and newly formed litigation shop Ehrlich, Neubauer & Melzer, Ehrlich Group offers clients a soup-to-nuts IP service. In total, it houses over 120 IP professionals, meaning it has the manpower to draft thousands of applications annually – it files over 1,000 in the United States alone – and take on some of Israel’s biggest cases. It advises start-ups and multinationals from across the world but is particularly popular among research institutions, handling applications for about half of all the inventions generated by the country’s top universities, including Tel Aviv University, Weizmann Institute of Science and the Hebrew University. Gal Ehrlich is as good as it gets when it comes to mandates in the education sector. He knows the ins and outs of setting up a technology transfer office and appreciates that university spin-outs need holistic and cost-effective legal support if they are to take flight. Engineers gravitate towards Paul Fenster for his high-level industrial R&D experience; he can speak their language. Roy S Melzer is one of the country’s go-to attorneys for electronics and software issues, whether it is a cybersecurity, image processing or telecommunications patent – Samsung has him on speed dial. Maier Fenster picks up the bat on medical device matters. Having been responsible for 30 patented inventions himself, he is a creative filer who has seen the process from all angles. While drafting an application he takes into account not only the laws in Israel, but also those in key established and emerging markets, making certain there are no loose threads. When it comes to monetising patents, Amit Ehrlich is an obvious choice. His strong negotiating and interpersonal skills have helped him tie up countless licensing contracts for his clients. Yehuda Neubauer steps into the ring if things get contentious. He is an enforcement ace with a silver tongue.

G&A Glazberg, Applebaum & Co Advocates & Patent Attorneys

G&A Glazberg, Applebaum & Co is a prolific filer. Since its establishment in the summer of 2010, it has handled several hundred prosecution matters for IBM, as well as drafting applications for a slew of start-ups, including Innovid and Anagog. It is no stranger to the courtroom either and recently put in a great showing for Ceronyx in a dispute with Technion Research and Development Foundation. Active on both sides of the contentious/non-contentious divide, the “extremely knowledgeable” Ziv Glazberg is the firm’s standout star. “He’s very professional and a pleasure to work with. His understanding of computer sciences is impeccable – he looks at things as both a patent attorney and a software engineer, which means less work for clients’ technical teams. Everything is sorted out fast and efficiently with him.” His fellow name partner Nadav Applebaum is an innovative problem solver, with experience handling precedent-setting cases before the Supreme Court.

Gilat, Bareket & Co, Reinhold Cohn Group

A titan of IP law in Israel, Reinhold Cohn Group is home to over 70 patent attorneys and attorneys at law, a striking number of which are qualified to represent clients before the US Patent and Trademark Office and have significant experience securing and protecting IP rights in emerging markets such as China, India and Brazil. This supply of talent is spread across a number of departments – including life sciences and chemistry, mechanics and technology, physics and medical devices – meaning that rights holders of all stripes are well catered for. Non-contentious matters are handled by the Reinhold Cohn & Partners limb of the group. Captaining the life sciences and chemistry department, the “extremely professional” Ilan Cohn has been adeptly managing UBQ Materials’ and Yissum’s portfolios. On the board of directors for several companies, he appreciates the importance of converting intellectual property into assets that will yield big profits for investors and shareholders. “He’s among the very top professionals around – kind, helpful, trustworthy and highly skilled.” With a PhD in organic chemistry, Ronnie Benshafrut is another technically brilliant member of this department; he has carved out a particular niche for himself advising on patent term extensions. “He has an excellent grasp of all branches of chemistry and a wonderful capacity for analysing prior art and formulating optimal strategies for meeting the commercial needs of his clients.” David de Vries co-heads the technology department. He routinely provides watertight opinions on patentability and freedom to operate issues, as well as boasting first-rate knowledge of design patent law. His fellow co-head Ena Pugatsch burns bright in opposition proceedings before the ILPO, where she has a fantastic reputation among officials. Plugged into the latest electronics and software developments, Ehud Hausman was recently mandated to help Visualead in regard to its cutting-edge QR code technology. Svetlana Stadler steps up to the plate when physics expertise is required. “She’s extremely knowledgeable across the board in physics – from the more mechanical technologies to computer-related ones. On top of that she has a real understanding of clients’ commercial needs and how to tailor her service to meet them – especially in very competitive fields.” When it comes to high-value transactions, there are few better advisers than Daphna Gilat. She has been getting signatures on the bottom line of licensing and commercial contracts for over 15 years and has developed an impeccable negotiating style. She belongs to the Gilat, Bareket & Co arm of the group along with enforcement experts Eran Bareket and David Gilat. “Eran is among the best – if not the best – counsel out there. He’s highly knowledgeable and always helps his clients make the right decision in tough cases.” Gilat provides copybook contentious counsel. The patent law students he teaches at Tel Aviv University really are learning from a lodestone – he has penned scores of influential journal articles and impressed countless judges with his eloquence and inarguable lines of reasoning.

Herzog Fox & Neeman

With a singular understanding of the dynamics of deal making, Herzog Fox & Neeman dazzles in IP transactions. Its commercially savvy practitioners never lose their composure and, in touch-and-go negotiations, always seem to have an ace up their sleeves. Karen Leslie Elburg is the whole package and a valuable ally to have at the table. “Working with her is outstanding. It’s not just her knowledge of the law – it’s her experience, the practical nature of her advice and how service-oriented, friendly and accessible she is. She is really great at zeroing in and identifying the essentials so clients don’t have to waste time and energy on minor issues.” A recent beneficiary of her “brilliant” service is Microsoft. She represented the tech giant on the purchase of all issued and outstanding shares of Cloudyn Software, which had developed exciting cloud cost management, cost optimisation and governance software. Her “excellent” teammate Dan Sharot knows everything there is to know about monetising patent rights. He is “an incredibly sharp practitioner and a very hard worker” who gets genuinely fired up by new technologies and, having studied and worked in London, brings an international perspective to matters.

H-F & Co

H-F & Co is blazing a trail in the transactional space representing exciting new Israeli start-ups, which appreciate its flexible billing arrangements and frank and honest advice, as do some of the most famous insurance companies in the world. “The group knows how to strike the right balance between clients’ business and legal needs, weighing risks and negotiating solutions in a way that gets favourable deals.” The firm has also been showing off its skills assisting on the interaction between public and private R&D, for example handling regulatory matters arising from the Israel Innovation Authority and tackling the implications of individual inventors’ work in the public sector. Founding partner Adi Gillat is the driving force. “Her defining attributes are diligence and persistence. She’s extremely professional and puts in an outstanding contribution every time.” A notable highlight of late was advising Vlocity on complex IP ownership and licensing issues arising from an agreement for the provision of an advanced cloud-based customer relationship management (CRM) system to Cellcom; this represented the first time an Israeli telecommunications company had migrated CRM data to the cloud.

Horn & Co Law Offices

Horn & Co’s small size belies the reputation it enjoys with regard to the commercialisation of intellectual property. Having a team of “very professional, experienced and skilful patent lawyers” it has long been punching above its weight and is the Israeli representative for Biolegis – the European network of law firms specialising in biotechnology and medical devices. In 2017 it assisted a range of multinationals on their Israeli operations plus ambitious local clients looking to take on the world. There was also a notable growth in foreign clients seeking its advice on non-Israeli transactions – an indication of the firm’s standing within the business community. Name partner Yuval Horn has been turning heads with his representation of Zebra Medical Vision – a start-up building the world’s largest medical imaging insights platform – on a software licence agreement with the major US entity Intermountain Healthcare. “He’s one of the best – if not the best – transactional lawyers in Israel. He has a comprehensive knowledge of tax and commercial statutes, something that isn’t true of many IP practitioners. On top of that, his pleasant personality makes him a joy to work with.” His teammate Ohad Mamann has the magic touch in negotiations too. He has a singular knowledge of venture-capital issues and relishes the challenge of securing a cross-border agreement.

Liad Whatstein & Co

Liad Whatstein & Co is the prime address in the region for major innovative pharmaceutical companies needing support on contentious matters. Its client roster features most of the key industry players; Novartis, Sanofi, Merck, AbbVie, Pfizer, Eli Lilly, Lundbeck, Takeda and LEO Pharma have all placed their trust in the outfit. However, the firm has also been notching up significant successes for the state of Israel. It recently guided it to victory against Omrix in a case concerning a biological glue product developed by a physician at a government-owned hospital; the high amount of compensation the state won made the business world aware of the fact that technology developed in state-owned research institutions must be licensed just like its privately developed counterparts. Leading the charge on this was Liad Whatstein himself. “He’s a truly outstanding litigator – dedicated, intelligent, strategic, experienced, hardworking and responsive. He has great technical understanding – and his ability to communicate complex scientific concepts in simple language is remarkable. It’s also great that he takes a global view on matters. That’s important because when clients are being attacked it’s often not just in Israel. You know that he will be able to come up with a far-reaching, international solution. There is simply no better lawyer in the country.” While Whatstein is most famous for his enforcement practice, he also regularly leverages his courtroom experience to put together robust prosecution strategies and has developed real expertise in patent term extensions.

Luthi & Co

For more than 30 years, Luthi & Co has been a regular name on case registers in Israel, but it has also been impressing judges overseas, assisting rights holders in the United States, the United Kingdom, China, Australia, Singapore and Brazil as well as before the European Patent Office. It is particularly well known for its activity on behalf of Israeli Aerospace Industries – a world-renowned manufacturer of military equipment – and the Israeli Ministry of Defence; given the value of the patents at stake and the blinding pace at which the arms industry moves, the significance of its work for these clients cannot be overstated. Richard Luthi and Daniel Lerner recently teamed up to assist on oppositions against Diehl Defence relating to systems for protection against cruise and ballistic missiles. “Luthi is one of the leading patent ligation lawyers in Israel. He’s extremely thorough and professional – a real pleasure to work with. You know that he will dig deep into the facts and the science in every case.” With academic degrees in both law and science, the “outstanding” Lerner combines a complete command of legislation and case law with dazzling technical knowledge. “He possesses an encyclopaedic knowledge of patent law and knows how to press home the client’s advantage in his drafting and cross examination. His clear and concise work is in stark contrast to that of many of his competitors, as is his unfailing respect for his clients, his opponents and the court. He really has the highest professional ethical standards.”

Meitar Liquornik Geva Leshem Tal Law Offices

“Meitar is a huge commercial law firm that has a significant footprint in transactional intellectual property.” It has been particularly busy representing companies licensing patents from the technology transfer offices of Israeli universities; with a range of specialisations in its ranks, it is equally comfortable handling life sciences and software issues. Boaz Mizrahi has set the seal on countless research sponsorship and consulting agreements for biotechnology companies. “He’s not only a great IP lawyer – he’s a real business partner who always finds ingenious ways to negotiate deals.” Highlights such as representing GlaxoSmithKline on a significant claim by an Israeli generic company concerning the drug Seroxat – a potentially landscape-changing case at the intersection of patent and antitrust law – have bolstered its visibility on the litigation side too. Involved in this case, Yoav Oestreicher is a real client favourite. “He puts in amazingly thorough work – learning the field of activity, examining every detail and figuring out everything that could possibly be relevant. Throughout the process he is extremely professional and provides a lot of personal attention.”

Pearl Cohen Zedek Latzer Baratz

Respondents are always eager to share their experiences of working with Pearl Cohen Zedek Latzer Baratz – a reflection of how unique the side’s support is. “The firm really is second to none when it comes to service, knowledge and dedication. Its lawyers are tremendously professional, responsive and great to work with. They more than live up to their reputation in Israel – and also add to it with inimitable capabilities in the global arena. The fact that the firm has offices in the United States is highly beneficial, as it is often the case that work starts in Israel and continues in the United States. As a result of how it is set up, response times are shortened, cultural differences are easily bridged and language barriers are non-existent. It really combines the best of the full-service and boutique models, providing the sort of quality you would expect from a big US firm with the reasonable cost structure and personal attention of a small Israeli one.” In the past year it handled more than 25% of the country’s patent oppositions and cancellation requests before the Israel Patent Office (ILPO). Managing partner Zeev Pearl is the “standout” practitioner. In the last decade he has filed and prosecuted hundreds of patents and overcome numerous Section 101 USC Title 25 rejections managing NICE Systems’ worldwide portfolio. His diverse client roster also includes Dexcel, the country’s largest private pharmaceutical company, and Diehl Defence. “He’s really attentive to details and has a singularly creative and strategic way of thinking. His background, skills and experience represent the perfect combination of IP expertise on the one hand and business-mindedness on the other hand.” He is the obvious choice, but, with nearly half the firm’s 50-plus patent attorneys holding a PhD in science, there is no shortage of prosecution talent from which to choose.

S Horowitz & Co

No full-service firm in Israel has a more esteemed patent practice than S Horowitz & Co: “It’s the top dog – always has been and always will be.” It has the resources and know-how to support clients at every stage of the patent lifecycle, but comes into its own in heated courtroom battles. In this respect, the firm continues to represent Teva, the number one IP litigant in Israel, on complex proceedings involving its blockbuster drugs. A recent highlight was representing the pharmaceuticals company on an infringement claim filed by Eli Lilly concerning Evista. However, the firm is no one-trick pony and also provides expert assistance outside the pharmaceuticals space. The sublime triumvirate of Avi Ordo, Ran Vogel and Tal Band makes up the core of the practice. Ordo has appeared before all levels of Israeli civil courts and has a real feel for how to handle alternative dispute resolution procedures. Life sciences whizz Vogel brings unique knowledge of drug regulations – in particular with regard to clinical trials and animal testing – to the table. Chair of the practice, Band is “one of the leading IP experts in the country. He’s extremely helpful and knowledgeable. Clients greatly appreciate his professionalism”. Having served as president of the Israel group of the International Association for the Protection of Intellectual Property Rights from 2004 until 2016, he has a global reputation and many friends in leading UK and US firms.

Sanford T Colb & Co

Sanford T Colb & Co’s business-savvy IP practitioners – many of whom obtained their qualifications in the United States – keep up to date with the latest developments in patent law around the world and immerse themselves wholly in their clients’ industries to ensure that their competitors never gain the upper hand. Spearheading the litigation practice, Eitan Shaulsky is a reliable choice. He uses his immense experience and familiarity with international case law to separate the wheat from the chaff in bulky files before coming up with failsafe strategies.

Soroker Agmon Nordman

Rights holders entrusting Soroker Agmon Nordman with their portfolios can expect robust, internationally minded support on either side of the contentious/non-contentious divide. Since the ambitious, fast-moving firm supplemented its Herzliya headquarters with a Singapore outpost, its practice has taken on a new edge; it now has the on-the-ground knowledge and contacts to effectively secure protection in East Asia for the IP assets of its many Israeli, European and US clients. Eran Soroker should be the first port of call for any interested party.

Webb & Co Patent Attorneys

Keeping clients’ commercial interests front and centre at all times, Webb & Co is a crucial ally for any ambitious business. Its indefatigable, nimble lawyers draft applications astutely and never cease looking for novel ways to exploit patent rights. All technologies are well catered for by the side, but the life sciences are a particular forte. Cynthia Webb brings invaluable in-house experience to the table, having worked at Biotechnology General and Teva Pharmaceuticals. She is particularly strong at providing freedom to operate opinions in view of third-party patents.

Other recommended experts

The first woman to be registered as a patent attorney in Israel, Ben-Ami & Associates’ Paulina Ben-Ami is a true doyenne of intellectual property. She is a diligent drafter known for the extremely personal and hands-on service she provides. A keen linguist, she speaks English, Spanish, French, German and Portuguese, making her a favourite among multinationals. Adi Levit of Adi Levit Law Firm is a “leading litigator with an impressive record in pharmaceutical cases” – his nifty courtroom footwork has helped him rescue many patents. Nadav Shichor at Nadav Shichor & Associates is “one of the best transactional lawyers in Israel. He knows all the various licensing structures inside out and has a lot of experience working with technology transfer offices.” Drori-Werzansky-Orland & Co’s “very professional” YotamWerzansky-Orland provides “excellent” litigation support time and time again. He is at his finest assisting on internet-related issues. Joseph Wyse at Dr Eyal Bressler & Co is “fantastic when it comes to the nitty gritty of prosecution. He’s really knowledgeable and has a very good feel for what will and will not fly with the ILPO”.